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Stokeling v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
17-5554 11th Cir. Oct 9, 2018 Jan 15, 2019 5-4 Thomas OT 2018

Holding: The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.

Judgment: Affirmed, 5-4, in an opinion by Justice Thomas on January 15, 2019. Justice Sotomayor filed a dissenting opinion, in which Chief Justice Roberts and Justices Ginsburg and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 06 2017Application (16A1211) to extend the time to file a petition for a writ of certiorari from July 5, 2017 to August 4, 2017, submitted to Justice Thomas.
Jun 12 2017Application (16A1211) granted by Justice Thomas extending the time to file until August 4, 2017.
Aug 04 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2017)
Aug 16 2017Waiver of right of respondent United States to respond filed.
Aug 24 2017DISTRIBUTED for Conference of 9/25/2017.
Aug 29 2017Supplemental brief of petitioner Denard Stokeling filed. (Distributed)
Aug 31 2017Second supplemental brief of petitioner Denard Stokeling filed. (Distributed)
Sep 12 2017Response Requested. (Due October 12, 2017)
Oct 04 2017Order extending time to file response to petition to and including November 13, 2017.
Nov 08 2017Order further extending time to file response to petition to and including December 13, 2017.
Dec 13 2017Brief of respondent United States in opposition filed.
Dec 27 2017Reply of petitioner Denard Stokeling filed.
Mar 01 2018DISTRIBUTED for Conference of 3/16/2018.
Mar 07 2018Third supplemental brief of petitioner Denard Stokeling filed. (Distributed)
Mar 19 2018DISTRIBUTED for Conference of 3/23/2018.
Mar 19 2018Fourth supplemental brief of petitioner Denard Stokeling filed. (Distributed)
Mar 26 2018DISTRIBUTED for Conference of 3/29/2018.
Apr 02 2018Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Apr 24 2018Motion for an extension of time to file the briefs on the merits filed.
Apr 24 2018Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 11, 2018. The time to file respondent's brief on the merits is extended to and including August 3, 2018.
Jun 11 2018Joint appendix filed. (Statement of costs filed)
Jun 11 2018Brief of petitioner Denard Stokeling filed.
Jun 18 2018Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 09 2018SET FOR ARGUMENT On Tuesday, October 9, 2018
Aug 03 2018Brief of respondent United States filed. (Distributed)
Aug 03 2018CIRCULATED
Aug 07 2018Record requested from the U.S.C.A. 11th Circuit.
Aug 07 2018Record received from the U.S.D.C. Southern Dist. of FL. (Miami). The record is electronic.
Aug 14 2018Record received from the U.S.D.C. Southern District of Florida. 1 envelope, the record is SEALED.
Sep 04 2018Reply of petitioner Denard Stokeling filed. (Distributed)
Oct 09 2018Argued. For petitioner: Brenda G. Bryn, Ft. Lauderdale, Fla. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jan 15 2019Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Breyer, Alito, Gorsuch, and Kavanaugh, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Roberts, C. J., and Ginsburg and Kagan, JJ., joined.
Feb 19 2019JUDGMENT ISSUED.